The Zoning Board of Adjustment
Town of Francestown
Francestown, New Hampshire 03043
October 13, 2011
PROPOSED MINUTES
Zoning Board Members Present: Silas Little (Chair), Charles Pyle (Vice-Chair), Lois Leavitt, Mike Jones, Sue Jonas.
Applicant: Martel Retailing Enterprises, Inc. (Jason Martel)
Members of the Public Present: K. Gadwah, M. Webb, B. Watson, L. Barr, B. Hill, E. MacStubbs, H. Harbage, BJ Carbee, P. Freese, J. Miller, K. Stewart, L. Stewart, E. Frost, S. Sessions, R. Frost, H. Bromberg, R. Bromberg, T. Anderson, R. Baptiste, P.G. Tolman, E. Tolman.
Silas Little brings the meeting to order at 7:35 pm. Barbara Martin is taking the minutes.
Continuation of Application for Variance by Martel Retailing Enterprises, Inc.
L. Barr requests a recap of meeting that took place on September 8, 2011.
B. Watson, on behalf of the applicant, summarizes the September 8 meeting, as well as providing a brief history of the Francestown Village Store.
Applicant provides the Board with documentation from TF Moran describing the septic system requirements and capacity.
S. Little summarizes the letter from TF Moran Inc. The letter indicates the current septic system is more than adequate to handle the proposed change/expansion of use. Little also summarizes an email from Mr. Tardif at New Hampshire Department of Environmental Services. This letter also advised the current septic system is adequate to handle proposed change/expansion.
B. Watson clarifies for the Board the square footage calculations used by Tardif in his email. Watson further advises the Board there is no type of facility that fits the Francestown Village Store, but DES categorizes it as “STORES: Supermarkets with Meat Department without Garbage Grinder.” The rating is based on having 7 employees in the store.
Chair Little asks if the Board has any questions.
C. Pyle requests the Tardif/NHDES send a formal letter to the Town stating the septic system is adequate. Martel advises this will be done.
S. Little states Watson has covered and answered the questions brought by the Board at the last meeting. Advises applicant has provided the Board with a letter which answers the questions concerning the number of employees. Little summarizes this letter.
Chair asks if there are any additional questions from the Board, and if the Board has any further questions of the applicant.
Chair asks if there are any abutters present. Chair asks the clerk to call out the names of members of public present so they may address the Board.
K. Gadwah: Abutter in support of the applicant. Believes the business is important to the community.
M. Webb: Employee of the FVS in support of the applicant.
J. Martel: Applicant in support.
B. Watson: No comment.
L. Barr: Expressed support of the applicant and stated how important it is that small towns especially, have a store.
B. Hill: Total support of applicant. Believes FVS is a great example of a cottage industry and should be encouraged.
E. MacStubbs: In support of applicant.
H. Harbage: In support of applicant.
B.J. Carbee: Questions if the septic calculations included the apartment upstairs.
S. Little advises the letters (from TF Moran and DES) do not specifically address the apartment. Requests that letters to be provided should specifically address the apartment issue.
L. Barr states the design is for 500 gallons and the use is 250 gallons. Discussion concerning the calculations for number of employees, the apartment and anticipated output of effluent.
P. Freeese: Questions the original application of an increase in use by 20%, and if it includes the commercial kitchen upstairs.
S. Little advises the application to the Planning Board showed a specific break down of how the space would be used.
Watson advises that break down is for the total square footage. Applicant wants to expand by an additional 1300 square feet, most of which will be used for frozen and dry storage.
C. Pyle clarifies the actual space to be used including the upstairs residential area and the garage bay.
J. Miller: No comment.
K. Stewart: In support of applicant. The FVS is an integral part of the community. The Town should support the FVS. Also advised that his company, Francestown Sand & Gravel installed a grease trap in the current system.
L. Stewart: In support of applicant. It is critical to the community that the FVS remains open.
S. Sessions: Abutter in support of applicant. FVS is essential to the community. Has not experienced and problems with traffic, noise, etc.
R. Frost: In support of applicant.
H. Bromberg: In support of applicant.
R. Bromberg: In support of applicant.
T. Anderson: In support of applicant. Supports enterprise and business.
R. Baptiste: In support of applicant. Town needs FVS. Notes that New Boston and Mont Vernon have been devastated by the loss of their local stores. Town should not allow the same to happen here.
P.G. Tolman: In support of applicant.
E. Tolman: In support of applicant. We should do all we can to support the FVS.
E. Frost: In support of applicant. Questions why this is even an issue.
S. Little advises that an application for a variance was brought to the Board, and this is the process for addressing the issue.
K. Stewart asks who is not in favor.
Little advises the applicant must meet 5 criteria for a variance, and the ZBA must render a decision based on that.
L. Leavitt moves to close the discussion to the public. Pyle seconds. All in Favor.
Board discusses if the criteria have been met.
- The value of the surrounding properties will not be diminished.
- Substantial justice will be done, as a variance will benefit both the public and the property owner.
- Not contrary to the public interest. The value the Francestown Village Store has to the community, therefore the public interest is served.
Pyle reminds the Board that any decision rendered will go with the property and must be concerned with the future use. Therefore, specific issues should be addressed.
- The spirit of the ordinance is observed and overlaps with the public interest. Town of Francestown does allow for such expansion and is clearly in the spirit of the ordinance.
- Literal enforcement would be a hardship for the applicant, and may result in the closure of the store.
Pyle states it is the only store in town and is unique in that regard. The store should be allowed to remain viable as long as it is reasonable.
Little discusses the history of the store and its various changes in use and this expansion of use is reasonable.
Board agrees with the above 5 criteria.
The Board outlines the variance:
To permit the expansion of a non conforming use at 74 Main Street to a total floor area of 3753 square feet, as set forth in the Site Development Plan Materials , vide,
Frozen food storage 210 sq. ft.
Frozen food storage/shipping 195 sq. ft.
Production assembly 238 sq. ft.
Kitchen 247 sq. ft.
Dry storage 130 sq. ft.
Office space 180 sq. ft.
Retail/display space 234 sq. ft.
Frozen food storage 299 sq. ft.
The areas stated above are from the application and are an increase over the established area of non-conforming use of 2022 sq. ft. The areas listed include a previous expansion of 20 % as allowed by the ordinance.
The variance will be granted subject to the following conditions:
- Compliance with Francestown Fire Department letter of 15 August 2011.
- Expansion is limited to areas set forth in the application and the totals set above.
- The use is limited to general store retail sales, food preparation for wholesale and retail sales, and food storage.
- No deliveries or pick-ups, excluding newspapers, before 6 a.m. and/or after 7 p.m. Monday through Sunday.
- Hours of operation shall be per application, 6 a.m. to 7 p.m. Monday to Saturday, 8 a.m. to 5 p.m. Sunday.
Written confirmation from TF Moran Inc and NHDES (Robert Tardiff, P.E.) that the apartment was included in the daily demand calculations for the septic system
Motion to grant a variance with conditions to Martel Retailing Enterprises, Inc.: C. Pyle. Second: M. Jones.
All in Favor (5-0).
Chair advises there are 30 days to apply for a re-hearing.
Review of Minutes
September 8, 2011: On page 5, item 3, change “FDA” to “USDA.” On page 1, paragraph 3, change “it’s” to “its.”
Motion to approve September 8, 2011 minutes with changes: C. Pyle. Second: S. Jonas.
All in Favor (5-0).
Motion to Adjourn: S. Little. Second: S. Jonas.
Meeting adjourned at 8:47 pm.
Respectfully Submitted
Barbara Martin, Minutes Clerk
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